Pepsico, Inc
Volume 97 · 97 F.T.C. 258
Cite this decision
Pepsico, Inc, 97 F.T.C. 258 (1981). Consumer Law Library, https://consumerlawlibrary.org/decisions/v097-0027
Report an error in this record (decision id v097-0027)
Cited by 0 later FTC decisions
Cites
Text (OCR of the scan at left; may contain errors)
IN THE MATTER OF PEPSICO, INC.
Docket 8856. Interlocutory Order, April 1, 1.981 Dismissing proceeding without prejudice to reopen under the standards of the Soft Drink Interbrand Competition Act.
ORDER Respondents fied in the United States Court of Appeals for the District of Columbia Circuit a petition for review of the Commission s cease and desist order issued herein on April 7, 1978. Subsequently, Congress enacted the Soft Drink Interbrand Competition Act, Pub. Law No. 96-308, 94 Stat. 939 (1980), which established standards for judging the challenged restraints which differ from those under which the Commission tried and decided these proceedings. Therefore, in September 1980, the Commission requested the Court of Appeals to set aside the Commission s order and remand these proceedings to the Commission for dismissal, without prejudice to any future proceedings under the standards of the Soft Drink Interbrand Competition Act. By an opinion and judgment dated February 5, 1981, the Court of Appeals granted the Commission request.
Now, Therefore, it is hereby ordered, in accordance with the opinion and judgment of the Court of Appeals, that this proceeding be, and hereby is, dismissed, without prejudice to any future proceedings under the standards of the Soft Drink Interbrand Competition Act.
Commissioner Pertschuk did not participate. 259 Complaint